Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Greenland

Articles 7(2) and 8(3) of the Convention. Compensatory rest. In its previous comment relating to section 45 of the Greenland Working Environment Act No. 1048 of 26 October 2005, the Committee indicated that the Convention requires compensatory rest to be granted in all cases of exemptions from the normal weekly rest scheme, whether permanent or temporary, and irrespective of any other form of compensation (for instance, monetary compensation). In the latest report, the Government indicates that the exemption clause concerning the weekly rest day in commerce and offices (which provides for other appropriate protection when exceptional circumstances make it impossible to provide compensatory rest) has not been applied and the National Working Environment Authority has not granted any dispensations to this effect. In this connection, the Committee notes the comments of the Teachers Trade Union of Greenland (IMAK) according to which the fact that no use of the exemption has so far been made does not address the issue of bringing the relevant provision of the Working Environment Act into line with the Convention. The IMAK considers that nothing excludes the possibility of applying the exemption in the future. The IMAK also indicates that it has knowledge of extensive violations of the rules in cases where the compensation is often extra pay rather than compensatory rest. In any event, the Committee recalls that under Articles 7(2) and 8(3) of the Convention, granting compensatory rest of a total duration equivalent to the period provided for under Article 6 is an absolute requirement and must be granted in all cases of authorized exceptions to the basic 24-hour weekly rest rule. The Committee accordingly requests the Government to re-examine the relevant provisions of the Greenland Working Environment Act with a view to ensuring that compensatory rest is granted without exception whenever deviations from the ordinary weekly rest scheme are authorized.